The Dilemma And Way Out Of The Connection Between Administrative Enforcement And Judicial Remedy Of Ecological Environmental Damage

Achieving the goal of building a beautiful China requires proper handling of ecological and environmental damage.Ecological damage not only destroys the environment on which people depend,but also leads to the degradation of ecosystem functions.In order to solve the problem of ecological environmental damage,China has taken administrative enforcement and judicial remedies as the two main ways to solve the problem of ecological environmental damage based on the improvement of ecological environmental protection laws and regulations.In this article,we refer to administrative enforcement in a narrow sense,which refers to the administrative organ’s duty to protect the environment through administrative orders,penalties and coercion,while judicial remedies mainly refer to the settlement of ecological and environmental damage disputes through litigation,thereby protecting the ecological environment.From the perspective of China’s legal provisions,although China has made some provisions on the interface between administrative law enforcement and judicial remedies,there are still imperfections.The lack of articulation rules may lead to confusion in the application of administrative and judicial power.In order to better protect the ecological environment on which people depend,there is an urgent need to study the order of application of administrative enforcement and judicial remedies in the management of ecological and environmental damages.The first part of this paper is the introduction.It briefly introduces the background and significance of the study,the current situation of domestic and foreign research,the research method and the innovation of "the dilemma and the way out of the connection between administrative enforcement and judicial remedy of ecological environmental damage".The second part is an overview of the interface between administrative enforcement and judicial remedies for ecological and environmental damages.The concept and characteristics of ecological environmental damage,administrative enforcement and judicial remedy are briefly introduced.The administrative enforcement refers to the three ways to hold the perpetrators administratively responsible,namely administrative order,administrative punishment and administrative compulsion;the judicial remedy is to solve the environmental pollution disputes by filing environmental public interest litigation and ecological environmental damage compensation litigation.The third part is the reflection on the administrative enforcement and judicial remedy of ecological environmental damage and the necessity of their convergence.This part analyzes the limitations of administrative law enforcement and judicial remedies in the management of ecological environmental damage,and on this basis,the necessity of their convergence is proposed.The fourth part is the current situation and dilemma of the articulation between administrative law enforcement and judicial remedies for ecological and environmental damages in China.The current situation of the interface between administrative law enforcement and judicial remedies for ecological environmental damage is introduced from both legislative and judicial perspectives,on the basis of which three dilemmas of the interface are derived: first,the lack of theoretical basis for the interface between administrative law enforcement and judicial remedies;second,over-reliance on judicial remedies,ignoring the administrative law enforcement path;and third,imperfect legislative provisions for the interface between administrative law enforcement and judicial remedies.The fifth part is an extraterritorial examination and reference of the interface between administrative enforcement and judicial remedies for ecological and environmental damages.This part examines the convergence provisions of ecological and environmental damage remedies in the common law system(taking the United States as an example)and civil law system(taking Germany and Japan as examples)countries,on the basis of which it is considered that the experiences that can be learned from these three countries mainly include three points:firstly,establishing a perfect legal system;secondly,giving full play to the role of administrative organs;and thirdly,playing the complementary and supervisory role of judicial remedies.The sixth part is the path of articulation between administrative law enforcement and judicial remedies for ecological and environmental damages in China.To solve the dilemma of the interface between administrative law enforcement and judicial remedies for ecological and environmental damages,it is necessary to clarify the articulation theory and the order of application of the two remedial paths,and on this basis,improve the legal provisions of the interface between administrative law enforcement and judicial remedies for ecological and environmental damages.